Revolutionary War Pension and Bounty Land Warrant Application File S. 1201, Moses Fritter, Va.

SERVICE
NUMBER _____
Ua
Fritter, Mose
S. 1201
carded
CONTENTS

Kentucky 19579
See letter to J.S. Brooks Mayville 9 Nov 33,
Moses Ritter
Mason Co in the State of Kentucky who was a private in the Com commanded by Captain Montgomery of the regt commanded by Col. Dab in the Virginia line for 9 months
Inscribed on the Roll of Kentucky at the rate of 30 Dollars 62 1/2 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 24 day of Sept. 1833 and L. J. Brown Mayville
Arrears to the 14th of Septem 75 00 Pens-ant. allowance ending Mar 15 00 90.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Saml Boyd Clerk, Book E Vol. 7 Page 9

State of Kentucky Mason county set on this 8 th day of July 1833 personally appeared before the honorable the judges of the Mason county court now sitting Moses Fritter, a resident of the county and state aforesaid aged 78 years, and being first duly sworn according to law, doth on his oath make the following declara- tion in order to obtain the benefit of the act of Congress passed June 7 th 1832
That he entered the service of the United States under the command of Captain Thomas Mountjoy of Stafford County Virginia (Where he then resided) he thinks in the year 1778 and went in pursuit of the British down the Potomac River after they had burned the house of one William Brent Esq. That he was not present when the house was set on fire; but being stationed in the neighbor- hood he saw the flames and was marched under Capt Mountjoy as aforesaid to the aid of the sufferers. And under the command of that officer pursued the British down the Potomac River aforesaid to the distance of 70 or 80 miles. That then their force had so increased that he together with his company was permitted to return. And that on this occasion he was on duty for the period of 2 months and that he was a Volunteer
That subsequently it was rumored in Stafford County and other places along the Potomac. That the British were ascending the River, and in order to prevent a repetition of the outrages which had recently been committed it was thought expedient to guard the River at various points in order to intercept their passage up the same and that he again volunteered under Captain Mountjoy and was stationed on the Potomac River as aforesaid in the County of Stafford aforesaid for the period of one month and that he believes that the said service he thinks was rendered sometime in the year 1778 but he cannot state positively
That sometime in April 1781 (he cannot recollect the day) he again entered the service of the United States as a private in Captain William Alexander's Company in Stafford County Virginia. That from thence he was marched down to Springfield and was there attached to the Regiment of one Colonel Dart. He does not recollect the given name of Col. Dart. That he remained at Springfield for the period of about 4 or 5 months; training and performing active duty with the Regiment aforesaid. That they moved thence down to Yorktown, distant from Springfield he thinks about 4 miles. That he remained at Yorktown and performed several active duty during the whole siege and until the surrender of Lord Cornwallis. That he arrived at Yorktown before the arrival of General Washington and before the arrival of the fleet under the command of a French Officer named De Grasse and that he assisted in the artillery from

the first. That soon after the surrender of Lord Cornwallis on account of his health which had become considerably impaired he made application to be discharged whereupon he received a written discharge signed by the surgeon of the Regiment with the name of Captain William Alexander by order of the said Capt Alexander. That said discharge was highly honorable but that his wife constantly permitted his children to look it in Pittsburgh. That he recollects the names of no officers in addition to those already named except one adjutant Thomas Ballard and General La Fayette and that he does not know whether said Ballard was a regular officer or not; that he has no written evidence of his services having lost his discharge as aforesaid; that he was drafted into the service the time last above mentioned and was wounded in by one Captain George Burroughs and that he served in said town about 6 months; that he removed from Stafford County Virginia to Pittsburgh, from Thence to Mason County Kentucky, from Thence to the state of Ohio and from Thence back again to the Mason County Kentucky where he now resides; that he knows no person by whom he can prove his services except Elizabeth Thornton who resides in Mason County Kentucky; that the said Elizabeth Thornton is old and feeble and unable to attend court without great inconvenience and that he wishes an order of court to take her deposition
Whose deposition is hereby annexed and that there is no minister of the Gospel living in his neighborhood that he belongs to Matthew Gardner church who is a minister of the gospel but that the said Gardner lives in the state of Ohio and he further states that he does not receive any pension from the united states nor any state of the union he hereby relinquishes all claim or title other than this to any pension  ROSE FIELD
State of Kentucky Mason county set  This T. & A. July 1833 personally appeared before the honorable the Mason County Court Elizabeth Thornton and being first duly sworn upon her oath doth state that she is 68 years of age - that she lived in Stafford County Virginia when she knew the applicant Moses Fritter. That she recollects distinctly of his having rented floors and a capt Mountjoy at the time mentioned but cannot state the length of time that she stayed with his wife at the time he was out under Capt Alexander and until he returned - that she heard his discharge read and recollects that it was highly honorable and that he was absent on this tour about 6 months  Elizabeth Thornton marks

State of Kentucky Mason county set We Rob t Thompson ——— and John Needon Franklin residing in Mason County and the State of Kentucky do hereby certify that we are well acquainted with Moses Fritter, Who has sworn to and subscribed the Declaration written on this sheet that we believe him to be 78 years of age, that he is reputed and believed in his neighbourhood to have been a soldier in the Revolutionary War and that we concur in the opinion Sworn to and subscribed this 8 th day of July 1833
Rob t  let Thompson
John W. Franklin
And the said Court does hereby declare their opinion after the investigation of the matter and after pulling the inter- rogatories prescribed by the War department, that the above applicant was a revolutionary soldier and served as a state and the Court further certifies that it appears to them that Elizabeth Thornton, Robert Thompson & John W. Franklin are residents of Mason county and that their statements are entitled to credit
Marshall Key, clerk of the Mason County Court, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Moses Fritter for a pension
In testimony whereof I have hereunto set my hand and seal of office this 8 th day of July 1833
Marshall Key.

Answer 1 st
I was born in Stafford county Virginia in the year 1755-
Answer 2 d
I have no record of my age
Answer 3 d
I lived in the state of Virginia; Stafford county; and have lived successively in Pennsylvania, in Mason county Kentucky in the state of Ohio and now live in the state of Kentucky, Mason county
Answer 4 th
I served 3 months under captain Mountjoy as a Volunteer and 6 months under captain William Alexander as a regular cont. Continental man
Answer 5 th
I recollect General Washington and General La Fayette
I do not now recollect any particular in regard to any regiment but the one in which I served and cannot state any thing in addition to what I have stated in my declaration
Answer 6 th
I did as stated in the body of my declaration but have lost it; I never received a commission
216,768

26. 708 Moses Hatter. Kentucky.
from 1778 private 19 months. $30.
J. S. Brooks Maysville Ken.

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of Moses Fritter
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     1778 2 Pn Capt Montjoy no Col. 78 Bac one witness and traditionary.   " 1 "   1781 6 Capt. Alexanders Col. Part  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of } On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier, { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer, { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his conduct.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In cases where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____ and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grades of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the years, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served without embodied corps called into service by competent authority; that he was either in the field or on garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must fix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

INVALID.
File No. 1201. Moses Shetter, Ins. Va. Line.
Act: June 7, 1882.
Index:—Vol. A , Page 131
[Arrangement of 1870.]
New Chap

Ly May 15.
26. 708.
Rev
Hon. Lewis. cap
War dept
Washington D.C.
Mail 3 X
Received July 16th 1833

Mayville; Monday evening July 8 th 1833
Mr Lewis Cass
Dear Sir, enclosed you will find the declaration of Moses Fitter, an old Revolutionary Soldier who wishes to obtain a pension under the act of Congress passed June 1833 — I believe the declaration is perfect according to the question given by the War department — You will please direct any communication upon the subject of the claim which may be necessary to me at Mayville either pending the investigation of the claim or in reference to its final disposition.
Respectfully
M. L. BRITT